Court of Appeals of New York

Though in a medical malpractice action based upon a surgical procedure, a trial cannot give an "error in judgment" charge absent a showing that a doctor has chosen one of two or more medically acceptable alternative treatments or techniques, it is harmless error to give the charge where highly unusual risks of the medical procedure were acknowledged by patient.

Appellate Information

• Decided 02/14/2002
• Published 02/14/2002

Judges

Court

• Court of Appeals of New York

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